Issue 38

Issue 38 - August 2003 The Court of Appeal reduced a fine imposed upon Anglian Water from £200,000 to £60,000 following a conviction for discharging sewage effluent into a river. The Court noted that the fine should be set at a level which makes some impact on the company concerned to overcome a suggestion that it might be cheaper to pay the fine rather than undertake the work necessary to prevent the offence in the first place. But it ruled that original fine was excessive in this case compared with those imposed on other companies. Click to download PDF

Issue 38 - August 2003 The case revolved around the question: "When did the deed of warranty come into effect?" Was it the date the deed was signed or the day following the date of issue of the certificate of practical completion? Click to download PDF

Issue 38 - August 2003 This is a rare case which discusses whether a party is entitled to suspend work where it has not been paid sums which were due. The judge held that this could, on occasion, amount to conduct which amounts to a breach of conduct on the part of the employer. Click to download PDF